State of New Jersey v. Ryan D. Keogh
CourtNew Jersey Superior Court Appellate Division
Date FiledOctober 23, 2026
DocketA-1350-25
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-1350-25
STATE OF NEW JERSEY,
Plaintiff-Appellant,
v.
RYAN D. KEOGH, a/k/a
RYAN KEOGH,
Defendant-Respondent.
________________________
Argued October 6, 2026 – Decided October 23, 2026
Before Judges Rose and Jablonski.
On appeal from the Superior Court of New Jersey,
Law Division, Somerset County, Indictment No.19-
05-0288.
Catlin A. Davis, Assistant Prosecutor, argued the
cause for appellant (John P. McDonald, Somerset
County Prosecutor, attorney; Catlin A. Davis, of
counsel and on the brief).
Isaac Wright, Jr. argued the cause for respondent
(Hunt, Hamlin & Ridley, attorneys; Isaac Wright, Jr.,
on the brief).
PER CURIAM
The State appeals from a November 25, 2025 judgment of conviction
(JOC) challenging the legality of the aggregate ten-year prison term, subject to
the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, imposed on defendant
Ryan Keogh's conviction for first degree aggravated manslaughter, N.J.S.A.
2C:11-4(a)(1). For the reasons that follow, we affirm in part, reverse in part,
and remand for correction of the JOC.
I.
This matter returns to us following a remand ordered in our previous
opinion. State v. Keogh, No. A-0565-22 (App. Div. Mar. 4, 2025) (slip op. at
12-20, 40). In that case, we reversed defendant's conviction for first-degree
murder, N.J.S.A. 2C:11-3(a)(1) and (2), on direct appeal. Ibid. We concluded
the trial judge erred by failing to instruct the jury on passion/provocation
manslaughter as a lesser included offense of murder and the error was not
harmless. Id. at 19. We also declined to disturb defendant's conviction for
endangering an injured victim, N.J.S.A. 2C:12-1.2(a). Id. at 36-40. In so
holding, we rejected defendant's alternative arguments that the judge
erroneously denied his motion for a judgment of acquittal on that charge and
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failed to instruct the jury "leaving a deceased victim is not covered by that
statute." Id. at 4, 38-40.
Defendant did not expressly challenge his remaining convictions:
second-degree possession of a weapon for an unlawful purpose (PWUP),
N.J.S.A. 2C:39-4(a); third-degree hindering his own apprehension, N.J.S.A.
2C:29-3(b)(4); four counts of fourth-degree false swearing, N.J.S.A. 2C:28-
2(a); fourth-degree tampering with physical evidence, N.J.S.A. 2C:28-6(1);
and fourth-degree possession of a large-capacity magazine, N.J.S.A. 2C:39-
3(j). Although the jury acquitted defendant of a fifth count of false swearing,
charged in count seven, the narrative portion of the JOC mistakenly reflects
defendant was convicted of that count. Accordingly, on remand, the JOC shall
be corrected to remove count seven from the counts of conviction.
In view of our disposition, we did not address defendant's excessive
sentencing argument. 1 Id. at 4. Because the judge's initial pronouncement of
sentence is pertinent to this appeal, we now summarize the sentence imposed
on August 26, 2022.
After merging defendant's PWUP conviction with his murder conviction,
the trial judge sentenced defendant to a fifty-year prison term, subject to
1
In his sentencing argument on direct appeal, defendant did not challenge the
imposition of a consecutive sentence on his endangering conviction.
A-1350-25
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NERA on the murder conviction; a consecutive three-year prison term on the
endangering conviction; a concurrent five-year prison term on the hindering
conviction; and concurrent eighteen-month sentences on all fourth-degree
convictions. The judge found aggravating factors one (nature and
circumstances of the offense), three (risk of reoffending), six (defendant's
criminal record), and nine (general and specific deterrence), N.J.S.A. 2C:44-
1(a)(1), (3), (6), and (9), outweighed mitigating factor seven (lack of criminal
history), N.J.S.A. 2C:44-1(b)(7).
Relevant here, in assessing aggravating factor one, the judge
summarized the trial testimony, finding defendant left the victim, Terrance
Coulanges, on the porch of the Keogh residence for nearly two hours after
defendant shot Coulanges, before his mother called emergency services. The
judge was convinced "[l]eaving a body on the porch for two hours before
calling 9-1-1" was "especially heinous, cruel, and depraved."
Shortly after we issued our March 4, 2025 judgment, defendant retained
new counsel, who moved for clarification of our decision and questioned
whether our vacatur of defendant's murder conviction included, "impliedly or
by operation of law," his PWUP conviction. In its answering brief, the State
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countered our reversal of defendant's murder conviction was based on a faulty
jury charge, not a defect in the State's proofs.
We denied defendant's motion, noting on direct appeal defendant did not
seek reversal of his PWUP conviction. State v. Keogh, No. M-5139-24 (App
Div. June 9, 2025) (order at ¶ 1). We held:
Because we conclude reversal of defendant's
murder conviction for failure to charge the requested
lesser-included passion-provocation charge does not
affect the jury's verdict that defendant possessed the
firearm for an unlawful purpose, that is to shoot the
victim without justification, we decline to disturb our
March 4, 2025 judgment. However, our decision
should not be construed as prohibiting defendant from
moving to dismiss the PWUP conviction if, on retrial,
the jury returns a not guilty verdict on the murder
count.
[(Id. at ¶ 4).]
On August 7, 2025, defendant waived his right to trial and pled guilty to
first-degree aggravated manslaughter, as amended from first-degree murder.
Pursuant to the terms of the negotiated plea agreement, the State agreed to
recommend a sentence in the mid-range of the ten to thirty-year prison term
for aggravated manslaughter. See N.J.S.A. 2C:11-4(c). The plea form also
specifically memorialized defendant's right to "argue for [a] sentence at the
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lowest range," 2 and the parties' agreement that "[m]erger shall be imposed on
[the] weapons conviction." Pertinent to defendant's argument for time-served
terms at sentencing, the plea form indicated defendant was not "presently
serving a custodial sentence on another charge."
During the plea hearing, defendant confirmed his understanding of the
plea terms when the judge inquired:
You understand I could reject the plea
agreement, which specifically calls for a sentence
between ten and thirty years, with the State arguing
for a sentence in the mid-range, and your attorney
arguing for a sentence at the minimum range?
Do you understand I could reject that and
impose the maximum?
So, in other words, in practical terms, the State's
going to argue for twenty, your attorney's going to
argue for ten, but I could impose up to thirty. You
understand all that?
Later that month, a dispute arose concerning defendant's sentencing
exposure as reflected in a series of email communications among the defense
counsel, trial judge, and prosecutor. In an August 30, 2025 email, defense
counsel advised he "inadvertently" failed to check the box on the plea form,
2
In the plea form, defendant's intention to seek a "downward departure" for
sentencing purposes was stricken from the plea form and replaced with:
"[The] State opposes any downward departure at sentencing."
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which indicates the judge conditionally agreed to sentence defendant to a
maximum sentence of "a flat[]10 years" subject to NERA. In the same email,
defense counsel sought advice from the judge as to whether that box should be
checked and the "Supplemental Plea Form for Non-Negotiated Pleas"
executed.
In her responding email, the prosecutor "adamantly oppose[d] defense
counsel's request" and noted in "[Paragraph] No. 22 of the plea form,
defendant . . . agreed that no other promises were made other than what was in
the plea form." In his responding email, the trial judge stated: "I think we can
address all these concerns at sentencing consistent with all our prior
discussions in chambers." The prosecutor's final email indicated "the State
would not have entered into a plea [agreement] if a predetermined ten-year
sentence was promised by the [c]ourt."
The State then moved to "enforce the plea agreement on its written
terms" and "bar any sentencing argument beyond the four corners of the
written document, particularly any in-chambers discussions or alleged
promises made by the [c]ourt to defendant's counsel held off the record in
chambers."
A-1350-25
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During the November 5, 2025 return date on the motion, the judge
denied the State's request to voir dire defendant regarding his understanding of
the sentencing exposure. Defense counsel maintained the judge indicated in
chambers, prior to the plea hearing, he would impose a ten-year prison term.
The prosecutor disagreed with defense counsel's representations. Having
presided over the trial, the judge cited his familiarity with the matter and made
clear he had not committed to imposing a ten-year prison. Defense counsel
ultimately acknowledged the judge made no guarantees about the sentence he
would impose. The judge declined to resolve the motion and ruled sentencing
would proceed as scheduled.
In his oral pronouncement of sentence on November 14, 2025, the trial
judge reevaluated the aggravating and mitigating factors. The judge declined
to find aggravating factor one, reasoning because defendant now stood
convicted of aggravated manslaughter rather than murder, application of that
factor would constitute improper double counting. The judge also declined to
find aggravating factor two (gravity of harm to the victim), N.J.S.A. 2C:44 -
1(b)(2), explaining aggravated manslaughter already "contemplates that
somebody died." The judge found and assigned "some weight" to aggravating
factor three and "significant weight" to aggravating factor nine. The judge
A-1350-25
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rejected aggravating factor six, finding mitigating factor seven applied. The
judge also found mitigating factors eight ("[t]he defendant's conduct was the
result of circumstances unlikely to recur") and nine (the defendant's character
and attitude indicate it is unlikely defendant will reoffend). N.J.S.A. 2C:44 -
1(b)(8) and (9). The judge concluded the mitigating factors outweighed the
aggravating factors.
In addition to imposing a ten-year NERA sentence on the aggravated
manslaughter conviction, the judge resentenced defendant on the convictions
we affirmed on direct appeal. Although the judge ordered the appropriate
merger on defendant's PWUP conviction with his aggravated manslaughter
conviction, the judge issued an unspecified time-served sentence on the
merged PWUP conviction. Unlike the five-year sentence previously imposed
on defendant's hindering conviction, the judge imposed a three-year time-
served sentence. The judge imposed the same prison terms on the remaining
counts, but all reflected time-served sentences. The sentences on each
conviction—including the endangering conviction—were imposed
concurrently.
In his decision imposing a concurrent sentence on the endangering
conviction, the judge cited our decision in State v. Moon, where we reversed
A-1350-25
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an endangering conviction because the State failed to present evidence "that
the victim was alive and 'physically helpless, mentally incapacitated or
otherwise unable to care for himself' and that the defendant left the scene of
the injury knowing or reasonably believing that the victim was in that
condition." 396 N.J. Super. 109, 117 (App. Div. 2007) (quoting N.J.S.A.
2C:12-1.2(a)).
Applying his understanding of our holding in Moon to defendant's
endangering conviction, the trial judge found:
Here there's a divergence of thought as to what
happened, but I remember the State medical
examiner's testimony [that] . . . the death was
practically instantaneous.
I did hear from [Coulange's sister] today that he
died in the ambulance en route to the hospital. I know
there was some sharp facts dispute about that, and this
is what led to the victim's family's concern with --
God, if only the Keoghs had called 9-1-1 maybe
something would have been different.
But the way I remember the medical examiner's
testimony, that first shot was so fatal -- it went
through major organs. It went through the aorta, if I
remember right, through the lung, through the kidney,
and the death was -- there was no chance of surviving
that first wound.
So, I don't think . . . the case law allows me to run the
endangering [conviction] consecutive[ly] to the
A-1350-25
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sentence on the . . . aggravated manslaughter
[conviction].
The judge then denied as moot the State's motion to enforce the plea
agreement.
On appeal, the State argues the trial judge: (1) exceeded his authority by
resentencing defendant on convictions we affirmed on direct appeal; (2)
erroneously imposed a concurrent sentence on defendant's endangering
conviction notwithstanding the statutory requirement to impose consecutive
sentences and this court's affirmance of the consecutive sentence; (3) "imposed
an unauthorized 'time-served' sentence on defendant's merged conviction" for
PWUP; and (4) "employed an analysis that fell outside the [Code of Criminal
Justice's (Code)] sentencing structure."
Having considered the State's contentions in view of the record provided
on appeal, we reject the first and fourth arguments. Persuaded by the State's
second and third arguments, we remand the matter and direct the court to
impose a consecutive sentence on defendant's endangering conviction. We
further direct the court to remove the sentence imposed on the merged PWUP
count and reflect the aggravated manslaughter conviction was a Graves Act 3
offense. As noted above, we also direct the court to remove the acquitted false
3
N.J.S.A. 2C:43-6(c).
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swearing conviction from the narrative of portion of the JOC listing
defendant's convictions.
II.
We review sentencing determinations under an abuse of discretion
standard. State v. Grate, 220 N.J. 317, 337 (2015). "Nonetheless, a reviewing
court is not free to ignore an illegal sentence." State v. Moore, 377 N.J. Super.
445, 450 (App. Div. 2005). "We review the legality of a sentence de novo,
'affording no special deference to the court['s] interpretation of the relevant
statutes.'" State v. Steingraber, 465 N.J. Super. 322, 327 (App. Div. 2020)
(quoting State v. Nance, 228 N.J. 378, 393 (2017)).
"There are two categories of illegal sentences: those that exceed the
penalties authorized for a particular offense, and those that are not authorized
by law." State v. Hyland, 238 N.J. 135, 145 (2019). Our Supreme Court has
narrowly applied the illegal sentence standard to these two categories, "distinct
from the broader 'excessive sentence' standard." State v. Murray, 162 N.J.
240, 246 (2000).
Further, there is no temporal limit on a court's ability to review an illegal
sentence; "it may be corrected at any time before it is completed." Id. at 247;
see also R. 3:21-10(b)(5). "If a defendant's sentence is illegal, a reviewing
A-1350-25
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court must remand for resentencing." Steingraber, 465 N.J. Super. at 328
(citing State v. Romero, 191 N.J. 59, 80-81 (2007)).
With these principles in view, we consider the State's contentions
seriatim.
A.
We first address the State's argument our remand was limited to
defendant's murder conviction and, as such, the trial judge lacked authority to
resentence defendant on the convictions we affirmed on direct appeal. To
support its argument, the State cites our June 10, 2025 clarification order,
which concluded the reversal of defendant's murder conviction did not affect
the jury's verdict on the PWUP conviction. The State further notes: "Neither
the plea agreement nor the parties' sentencing arguments contemplated that
defendant would be resentenced on all ten convictions." The State therefore
contends the trial judge impermissibly disregarded our remand order. See
State v. Kosch, 454 N.J. Super. 440, 443-44 (App. Div. 2018).
As a threshold matter, in our prior opinion, because we reversed
defendant's murder conviction, we had no occasion to address any aspect of his
sentence. Simply stated, our remand instruction was limited to a new trial on
defendant's reversed murder conviction. Implicit within that instruction was
A-1350-25
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the parties' rights to resolve the open charge through a negotiated plea
agreement, or for defendant to plead guilty as charged. Further, our June 10,
2025 order does not support the State's argument. In our order, we preserved
the validity of the PWUP conviction; we did not expressly prohibit the judge
from reconsidering defendant's sentence following a conviction for murder or a
lesser-included offense.
We have long recognized, "when the conviction on one or more counts is
vacated on appeal, the sentencing court should be able to review what remains
of its original sentence plan and to reconstruct the sentence to ensure that the
punishment fits both the crime and the criminal." State v. Young, 379 N.J.
Super. 498, 508 (App. Div. 2005) (citing State v. Espino, 264 N.J. Super. 62,
70-71 (App. Div. 1993)). Further, on resentencing the trial court "should view
[the] defendant as he [or she] stands before the court on that day." State v.
Randolph, 210 N.J. 330, 354 (2012); see also State v. Jaffe, 220 N.J. 114, 124
(2014) (concluding the trial court erred in failing to consider post -offense
conduct where the defendant was sentenced three years after his guilty plea).
In the present matter, the judge's resentencing on all counts of conviction was
consonant with these well-established sentencing principles.
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B.
We reach a different conclusion regarding the State's second argument.
The State contends the judge unlawfully imposed a concurrent sentence on
defendant's endangering conviction in violation of the statute's clear mandate.
The State asserts the judge's reliance on our decision in Moon was misplaced
because, in that case, we addressed whether the evidence was sufficient to
support an endangering conviction, not whether a court may impose a
concurrent sentence on the endangering conviction on resentencing. The State
further asserts, in our prior opinion in the present matter, we rejected
defendant's challenge under Moon. See Keogh, slip op. at 38-39.
Defendant maintains, pursuant to our holding in Moon, the consecutive
sentencing provision set forth in N.J.S.A. 2C:12-1.2(d) applies only when a
defendant injures a victim then leaves the scene of the incident, not when a
defendant kills the victim and leaves the body behind. Stated another way,
defendant claims paragraph (d) applies when the related conviction rendered
the victim physically helpless, not when the related conviction is a homicide
offense. Defendant therefore argues aggravated manslaughter is not a
predicate conviction contemplated by subsection (d)'s consecutive sentencing
mandate.
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In our prior opinion, we rejected defendant's argument that, in its case in
chief, the State failed to present sufficient evidence to the jury on the
endangering charge. Keogh, slip op. at 36. Citing the statute and the
applicable model jury charge, see Model Jury Charges (Criminal),
"Endangering Injured Victim (N.J.S.A. 2C:12-1.2)" (rev. Mar. 14, 2016), we
were persuaded the State defeated defendant's Reyes 4 motion at the close of
the State's evidence and the court's final instructions to the jury properly
tracked the model charge. Keogh, slip op. at 35-37.
In reaching our decision in Keogh, we distinguished the facts adduced at
defendant's trial from those in Moon, recognizing in that case:
the defendant placed a gun to the victim's head, pulled
the trigger, and kicked the victim's body to check if he
was alive. 396 N.J. Super. at 112. We noted the State
did not present any evidence showing that the victim
"exhibited any sign of life after he was shot or that
[the] defendant or anyone else present knew or
reasonably believed that he was alive and
incapacitated, helpless or unable [to summon
assistance] after he collapsed." Id. at 115. Indeed, the
medical examiner opined "the extensive damage to
[the victim]'s brain would have incapacitated him
instantly, and he was dead or dying when his face hit
the ground." Id. at 113.
We therefore held N.J.S.A. 2C:12-1.2(a) did not
apply to the facts adduced at trial in Moon. Id. at 117.
4
State v. Reyes, 50 N.J. 454 (1967).
A-1350-25
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We determined the State's evidence was inadequate to
permit the jury to find the victim was physically
helpless or "that [the] defendant left [the victim ] on
the street knowing or reasonably believing that he was
anything other than dead." Ibid.
[Keogh, slip op. at 37-38 (alterations in original).]
Turning to the issues raised on direct appeal, we held "[d]efendant's
reliance upon Moon [wa]s misplaced." Id. at 38. Comparing the medical
evidence adduced at both trials, we stated:
the medical examiner here testified Coulanges was
shot in the leg and torso "at least six feet away" from
defendant; not at point blank range. Further, the
evidence adduced at the time of defendant's acquittal
motion, including the testimony of his forensic
pathologist, suggested Coulanges survived the
shooting for at least two to three minutes after he was
shot.
After defendant shot Coulanges, defendant
neither rendered aid nor called emergency services.
Instead, defendant left Coulanges for dead, went
inside the carriage house, and watched a baseball news
show until his mother arrived. There is no evidence in
the record suggesting defendant checked whether
Coulanges was alive or determined he was dead. Cf.
Moon, 396 N.J. Super. at 112. Indeed, it was only
after defendant and his parents met at [defendant's
father]'s office and devised a story to relate to police
that [defendant's mother] finally called emergency
A-1350-25
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services when they arrived home—almost two hours
after defendant shot Coulanges. 5
[Id. at 38-39.]
We therefore "conclude[d] the State presented sufficient evidence to
warrant the jury's consideration of the endangering charge under N.J.S.A.
2C:12-1.2(a)." Id. at 39. We also rejected defendant's argument that the
model jury charge "require[d] the court instruct the jury the victim must not be
dead" for defendant to be found guilty under the statute. Id. at 40.
Against the evidence adduced at trial, we turn to the State's contention
on this appeal that the trial judge improperly imposed a concurrent sentence on
the endangering conviction. N.J.S.A. 2C:12-1.2(d) provides, in pertinent part,
the sentence imposed for endangering an injured victim "shall be ordered to be
served consecutively to that imposed for any conviction of the crime that
rendered the person physically helpless or mentally incapacitated."
Accordingly, because we affirmed defendant's endangering conviction on
direct appeal, on remand the trial judge was required to impose a consecutive
sentence on that count.
5
Defendants' parents were charged in the same indictment with endangering
an injured person and other offenses. State v. Keogh, 481 N.J. Super. 67, 72
n.3 (App. Div. 2025). In February 2025, we affirmed an interlocutory order
granting their motion to dismiss the endangering charge on other grounds. Id.
at 85.
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In reaching our decision, we are unpersuaded by defendant's argument
that the consecutive sentencing provision under paragraph (d) was not
triggered here because the underlying crime was a homicide and the medical
testimony revealed Coulanges died within minutes of the shooting. As we
recognized in our prior appeal, after shooting Coulanges, defendant failed to
call for assistance, choosing instead to abandon the victim while defendant
entered the cottage and watched a sports show. Keogh, slip op. at 38-39.
Crucially, there was no evidence adduced at trial that defendant took any steps
to render aid after the shooting.
The trial judge's contrary conclusion on resentencing rested on the
court's interpretation of the medical testimony and effectively revisited an
issue we had resolved on direct appeal. The judge was not free to disregard
our holding on remand. See Kosch, 454 N.J. Super. at 443-44. We therefore
remand the matter to the trial court to impose a consecutive term on
defendant's endangering conviction.
C.
Contrary to its argument during the resentencing hearing, the State now
recognizes, because the PWUP conviction merged with the aggravated
manslaughter conviction, the judge erroneously imposed a sentence on the
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merged weapons offense. Quoting our decision in State v. Trotman, the State
argues "a separate sentence should not be imposed on the count which must
merge with another offense." 366 N.J. Super. 226, 237 (App. Div. 2004).
Nonetheless, the State further challenges the judge's imposition of a time -
served sentence on the merged count arguing, under N.J.S.A. 2C:43-6(a)(2),
the judge was required to impose a "fixed," "specific term of years" for the
second-degree PWUP offense.
Because we agree a separate sentence should not have been imposed on
the merged count, we need not reach the merits of the State's challenge to the
length of the sentence. Accordingly, on remand, the court shall remove from
the JOC the time-served designation on the merged PWUP conviction.
Further, as the State notes in its merits brief, 6 although the eighty-five-
percent parole disqualifier under NERA subsumes a Graves Act parole
disqualifier, see State v. Garron, 177 N.J. 147, 163 (2003), the JOC also shall
reflect the Graves Act applied to defendant's aggravated manslaughter
conviction to avoid confusion in the future if defendant commits an offense
subjecting him the Graves Act repeat offender extended term, see State v.
Cheung, 328 N.J. Super. 368, 371 (App. Div. 2000).
6
In his responding brief, defendant does not counter the State's contention.
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D.
Lastly, we consider the State's argument that the trial judge employed a
sentencing analysis outside the Code's framework. Citing the post-plea email
communications, the judge's refusal to resolve the State's motion to enforce the
plea agreement prior to sentencing, the judge's rejection of the State's request
to voir dire defendant regarding his sentencing expectations, and the material
change in the judge's aggravating and mitigating factor analysis, the State
argues the judge issued a predetermined ten-year sentence on defendant's
aggravated manslaughter conviction. The State therefore argues "defendant's
ten-year prison sentence was not issued in conformance with governing law."
We disagree.
The sentence imposed was within the statutory range for first-degree
aggravated manslaughter and consistent with the terms of the plea agreement.
On resentencing, the judge was permitted to reconsider the aggravating and
mitigating factors; the shift in the judge's analysis does not render the sentence
illegal. See State v. Acevedo, 205 N.J. 40, 45-46 (2011) (recognizing
challenges to the application of aggravating and mitigating factors concern a
sentence's excessiveness not its illegality); see also State v. Flores, 228 N.J.
Super. 586, 595-95 (App. Div. 1988).
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Nor are we persuaded the trial judge's alleged predetermination of
defendant's aggregate sentence ran afoul of the Code. On the return date of the
motion to enforce the plea agreement the State contended the judge made no
promises about the ultimate sentence he would impose and the judge stated he
had made no guarantees. We conclude the ten-year NERA sentence imposed
on defendant's aggravated manslaughter conviction was authorized by law.
See Hyland, 238 N.J. at 145.
In summary, we affirm the ten-year sentence imposed on defendant's
aggravated manslaughter conviction, and reverse the imposition of a
concurrent three-year sentence on the endangering conviction and remand to
impose a consecutive sentence. Accordingly, the JOC shall be corrected to
reflect:
• aggravated manslaughter is a NERA offense and
was committed pursuant to the Graves Act; and
• the endangering conviction is imposed
consecutively to the aggravated manslaughter
conviction.
In addition, the JOC shall be amended to remove:
• the time-served designation on the PWUP; and
• the acquitted false swearing count, charged in
count seven.
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To the extent not addressed, the State's remaining arguments lack
sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2).
Affirmed in part, reversed in part, and remanded to correct the JOC.
Jurisdiction is not retained.
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